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(영문) 수원지방법원 2018.10.10 2018노5119
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant committed the crime of this case, such as drinking, even though he had a previous record of a fine due to driving under the influence of alcohol in 2017, and driving under the influence of alcohol is a crime that may cause serious harm to an unspecified person, and thus, is considerably highly dangerous. The defendant caused a traffic accident while driving under the influence of alcohol, and thus, the risk was realized. Nevertheless, the defendant was shocked of the vehicles that had been additionally parked or parked with pedestrians without taking necessary measures. At the time of the crime of this case, the alcohol level of the defendant's blood alcohol level is 0.192% and the degree of driving under the influence of the defendant is disadvantageous to the defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant recognizes his mistake and reflects his depth, there is no record of punishment exceeding the fine, and the victims do not have much weight in the degree of injury of the victims and agree with the victims that they do not want punishment against the defendant.

In addition, considering the Defendant’s age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or is not unreasonable because it is too heavy. Therefore, the Defendant and the prosecutor’s assertion are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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